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BIREN VAISHNAV
Hirenkumar Lalitkumar Yagnik – Appellant
Versus
State of Gujarat – Respondent
ORDER :
1. Rule returnable forthwith. Mr. Utkarsh Sharma, learned Assistant Government Pleader waives service of notice of Rule for the respondent Nos.1 and 2 as well as Mr. P.S. Gogia, learned counsel waives service of notice of Rule for respondent No.3 – Agriculture Produce Market Committee, Vadhvan.
2. The present petition has been filed by the petitioner who retired from the services of the APMC, Vadhvan with effect from 30.11.2020.
3. The facts in brief would indicate that the petitioner initially joined the APMC as a Clerk. He was then promoted to the post of Inspector. While he was posted as In-charge Secretary of the Committee from 19.01.2018, an audit was carried out by the Marketing Committee for the period from 1.4.2016 to 31.3.2020. This inquiry was under the provisions of Section 44 of the APMC Act, 1963. On superannuation, the petitioner requested the Committee that his terminal benefits be released. The response of the Committee by a letter dated 27.11.2020 indicates that since based on the report under Section 84 of the Committee constituted by the State, the terminal benefits of the petitioner cannot be released.
4. On his representation made, the petitioner was inform
The withholding of terminal benefits without initiation of departmental proceedings and issuance of a charge-sheet is without authority of law.
An employer cannot continue departmental proceedings after an employee's retirement, and the employee is entitled to all terminal benefits upon retirement.
Disciplinary proceedings cannot be continued after an employee's retirement to withhold retiral benefits unless specific service regulations explicitly provide for such post-retirement continuation.
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